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Three men face drug charge after deputies execute search warrant on Randolph Street

BUCKHANNON – Three Buckhannon men were arrested recently after a search warrant allegedly led to the discovery of methamphetamine and other illegal substances.

Benjamin Gain, 42; Justin Rogers, 42; and Derick McVay, 40, all of Buckhannon, were arrested for possession with intent to deliver methamphetamine.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by investigating officer Cpl. TR Collins with the Upshur County Sheriff’s Office, on Dec. 8, 2023, the Upshur County Sheriff’s Department executed a search warrant at 145 Randolph Street in Buckhannon, West Virginia. During the execution of the search warrant, officers located three men — Gain, Rogers and McVay — in the bedroom as officers entered the front door.

The Upshur County Sheriff’s Department began a search of the residence, where they allegedly located one bag with multiple large chunks of a white crystal-like substance consistent with methamphetamine on Gain’s bed, in plain sight of all three men. Also in Gain’s bedroom, officers located U.S. currency, scales with residue on them, drug packaging material, 9mm ammo, used/unused needles, and other drug paraphernalia, according to the complaint.

“Where the three males were standing in the doorway of Benjamin’s bedroom, I located a metal tin that had multiple baggies with a white crystal-like substance, consistent with methamphetamine, on the floor,” Collins wrote in the complaint. “In the living room, we located multiple methamphetamine and marijuana smoking devices out in the open, along with butane torches.”

Officers also allegedly found a large sum of money on Gain and multiple pills on Rogers, to which he admitted he did not have a valid prescription, the complaint states.

All three were handcuffed and placed under arrest without incident, according to the complaint. The approximate weight of the bag with large chunks was 1 ounce.

The complaint also notes that Gain’s girlfriend was arrested at the residence earlier this year for selling methamphetamine.

“At the time of this arrest Benjamin was participating in the illegal sell of methamphetamine,” Collins wrote in the file. “Derick McVay was also at the residence during this arrest and was in possession of methamphetamine.”

Bail was set at $100,000 cash or surety by Upshur County Magistrate Alan Suder for all three men.

The potential penalty for possession with intent to deliver methamphetamine is confinement in a state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both.

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